I have a juvenile sexual assault case where the vicitm is 12 years old and the parents will not consent to take her to an advocacy center to be interviewed or for a medical examination. CPS has now gone in and the parents did a voluntary placement with a grandmother because the DA's office now is investigating "injury to a child" by her father. What can be done to get the child to the advocacy center without the parent's permission? Any help out there?

Julie

CPS should take the child for an interview with the Advocacy center if there has been an outcry.Sometimes they will do the interview themselves if they are well trained. You can then get that interview from them.CPS can either help or hurt your case so its really better to be sweet to them and get them to work with you even if you think they are hurting your case.Sometimes the ball gets dropped between CPS and law enforcment. CPS will close a case asap. If the child is approached in the home and denies the event then CPS often closes the case and we are left to try to gather the pieces. I have a 75 page report on a case involving a teacher and student that I did not know existed until I started to get my case together for Grand Jury. What a pain....Good luck

Section 261.302. CONDUCT OF INVESTIGATION. (a) The
investigation may include:
(1) a visit to the child's home, unless the alleged
abuse or neglect can be confirmed or clearly ruled out without a
home visit; and
(2) an interview with and examination of the subject
child, which may include a medical, psychological, or psychiatric
examination.
(b) The interview with and examination of the child may:
(1) be conducted at any reasonable time and place,
including the child's home or the child's school;
(2) include the presence of persons the department or
designated agency determines are necessary; and
(3) include transporting the child for purposes
relating to the interview or investigation.
(c) The investigation may include an interview with the
child's parents and an interview with and medical, psychological,
or psychiatric examination of any child in the home.
(d) If, before an investigation is completed, the
investigating agency believes that the immediate removal of a child
from the child's home is necessary to protect the child from further
abuse or neglect, the investigating agency shall file a petition or
take other action under Chapter 262 to provide for the temporary
care and protection of the child.
(e) An interview with a child alleged to be a victim of
physical abuse or sexual abuse shall be audiotaped or videotaped
unless the investigating agency determines that good cause exists
for not audiotaping or videotaping the interview in accordance with
rules of the agency. Good cause may include, but is not limited to,
such considerations as the age of the child and the nature and
seriousness of the allegations under investigation. Nothing in
this subsection shall be construed as prohibiting the investigating
agency from audiotaping or videotaping an interview of a child on
any case for which such audiotaping or videotaping is not required
under this subsection. The fact that the investigating agency
failed to audiotape or videotape an interview is admissible at the
trial of the offense that is the subject of the interview.

It has been my understanding that cps does not need the parent's authorization to take the child from school to the advocacy center for an interview. They do it all the time here before the parent even knows that there is an investigation.

Thanks for all the info-based on this information, cps has now gotten her to the advocacy center. They were not cooperating to much at first.